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HomeMy WebLinkAboutLand Use Case.1300 Mountain View Dr.0016-2004.ASLU . ~ City of Aspen Community Development Dept. CASE NUMBER 0016.2004.ASLU PARCEL ID# 2735-01-3-08-004 CASE NAME Design Review Appeal PROJECT ADDRESS 1300 Mountain View Dr PLANNER Scott Woodford CASE DESCRIPTION Design Review Appeal REPRESENTATIVE JOHN C EMERICK DATE OF FINAL ACTION 06/02/04 CITY COUNCIL ACTION PZ ACTION Reso 18-2004 ADMIN ACTION BOA ACTION DATE CLOSED BY Development Order 07/26/04 D DRISCOLL .. RESOLUTION NO. 18, (SERIES OF 2004) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING A VARIANCE TO THE RESIDENTIAL DESIGN STANDARD REQUIRING THAT THE FRONT FA<::ADE OF A GARAGE BE SETBACK AT LEAST 10' FURTHER FROM THE STREET THAN THE FRONT-MOST WALL OF THE HOUSE FOR THE RESIDENCE LOCATED AT 1300 MOUNTAIN VIEW DRIVE, LOT 7, BLOCK 1, MEADOW SUBDIVISION, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2735-0130-8004 WHEREAS, the Community Development Department received an application from the applicant, John Emerick, requesting a Variance to the Residential Design Standard requiring that the front fayade of a garage be setback at least 10' further from the street than the front-most wall of the house; and, WHEREAS, upon initial review of the application and the applicable Land Use Code standards in Section 26.410.040 of the Aspen Municipal Code, the Community Development Department recommended denial of the Variance to the Residential Design Standards; however, the applicant subsequently revised the plan, shifting the proposed garage from the front of the house to the west side of the house to a point setback 6.9 feet farther from the street than the front fayade of the house, which caused staff to change its recommendation to approval because the variance was now in compliance with Criteria 2 of Section 26.410.020 of the Aspen Municipal Code; and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards; and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare; and, WHEREAS, the City of Aspen Planning and Zoning Commission, at a public meeting on June 1, 2004, approved Resolution No.ll!., Series of 2004, by a vote of five to zero (5 - 0), to approve the Variance to the Residential Design Standards allowing the front fayade of a garage be setback 6.9 feet further from the street than the front-most wall of the house; and, NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO ON THE 1st DAY OF JUNE 2004, THAT: , ""' ~ Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, Lot 7, Block 1, Meadow Subdivision, Parcel Identification of 2735-0130-8004, is approved for a Variance to the Residential Design Standard allowing the front fayade of the garage to be setback 6.9 feet further from the street than the front-most wall of the house. Section 2: All material representations and commitments made by the applicant pursuant to this application, whether in public hearings or documentation presented before the Planning and Zoning Commission are hereby incorporated in such plan approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: This Resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Approved by the Commission at its regular meeting on June 1, 2004. APPROVED AS TO FORM: PLANNING COMMISSION: AND ZONING City Attomey Jasmine Tygre, Chair ATTEST: Jackie Lothian, Deputy City Cle DEVELOPMENT ORDER Of the City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site-specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site-specific development plan as described below: John Emerick. 1300 Mountain View Drive. Aspen. CO. 81611. 925-4281 Property Owner's Name, Mailing Address and telephone number Lot 7. Block 1. Meadow Subdivision. 1300 Mountain View Drive. Aspen. Co. Legal Description and Street Address of Subject Property Variance to the Residential Desi!!n Standards to have a !!araee setback 6.9 feet further from the street than the front-most facade of the house (as opposed to the required 10 feet). Written Description ofthe Site Specific Plan and/or Attachment Describing Plan Resolntion No. 18-2004. Approved on 6/1/04 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) Jnne 12.2004 Effective Date of Development Order (Same as date of publication of notice of approval.) June 12. 2007 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.0 I 0 of the City of Aspen Municipal Code.) Issued Dev this 2nd day of June ment Director. 2004, by the City of Aspen Community Woods, Community Development Director PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval of a site specific development plan and the creation of a vested property right pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: Lot 7, Block 1, Meadow Subdivision, 1300 Mountain View Drive, Aspen, Co., by Resolution of the Aspen City Council, numbered 18. For further information contact Scott Woodford at the Aspen/Pitkin Community Development Dept.located at 130 S. Galena St, Aspen, Colorado (970) 920-5102. s/City of Aspen Account Published in The Aspen Times on June 12,2004 The Aspen Planning & Zoning Commission <.JAA Joyce Allgaier, Deputy Director of Community Development Scott Woodford, City Plannel(~ MEMORANDUM TO: THRU: FROM: .Ira. RE: 1300 MOUNTAIN VIEW DRIVE, VARIANCE TO RESIDENTIAL DESIGN STANDARDS, RESOLUTION No. rt, SERIES 2004 DATE: June 1,2004 Photo ofthe subject property taken from Mountain View Drive. The applicant requesls a variance to construct a one car garage (in addition to a second story addition for which he doesn't need a variance) in front of house, to Ihe left of the front door. PROJECT: 1300 MOUNTAIN VIEW DRIVE REQUEST SUMMARY: Variance to the Residential Design Standard that requires the front fayade of a garage to be setback at least 10' further from the street than the front-most wall of the house for garages that do not have access from an alley or private road. ADDRESS: 1300 Mountain View Drive, Lot 7, Block 1, Meadow Subdivision ApPLICANT: John C. Emerick STAFF DENIAL OF THE VARIANCE TO THE RESIDENTIAL DESIGN RECOMMENDA nON: STANDARDS 1300 MOUNTAIN VIEW DRIVE STAFF REPORT PAGE I REOUEST SUMMARY: The applicant, John Emerick, has submitted an application requesting a variance from the Residential Design Standards for an addition he is planning to his existing house. The current house is a one story, 1,700 square feet ranch style residence, which he proposes to expand to 2,400 sq. ft.. Mr. Emerick has an approved building permit for the renovation, which includes the addition of a second story and a one car garage extending out from the front of the house, for which he is requesting a variance. REVIEW PROCESS: The applicant requests the following land use approval for the proposal described above: 1.) Residential Design Standards Variance; According to Section 26.410.020, variances to the Residential Design Standards may be granted by the Planning and Zoning Commission, Board of Adjustment or the Historic Preservation Commission; In this case, the staff believes that the Planning and Zoning Commission is best suited to review the variance requests of this nature. Final Review Authority: Planning and Zoning Commission. BACKGROUND/ExISTING CONDITIONS: According to the building permit files, the house was constructed in 1959. PREVIOUS ACTIONS ON THIS LOT: There has been no previous land use actions on this lot. STAFF COMMENTS: RESIDENTIAL DESIGN STANDARDS: The Residential Design Standard from which the applicant is requesting a variance is from Section 2.410.040 (2) (b), specifically described below: PARKING. GARAGES, AND CARPORTS. For all residential uses that do not have access from an alley or private road, the following standards shall be met (only the applicable standards is shown below - standards a. and c-e not shown): b. The front fayade of the garage or the front most supporting column of a car- port shall be setback at least ten feet (10'0") further from the street than the front most wall of the house. I .>J-! ~Y+-Ic:f \ +. I I ! ~X~"?'X+'5'* 1300 MOUNTAIN VIEW DRIVE STAFF REPORT PAGE 2 REVIEW CRITERIA: According to Section 26.410.020 of the Land Use Code, an applicant who desires a variance from the Residential Design Standards shall demonstrate, and the deciding board shall find that the variance, if granted, would: 1. Provide an appropriate design or pattern of development considering the context in which the development is proposed and the purpose of the particular standard. In evaluating the context as it is used in the criteria, the reviewing board may consider the relationship of the proposed development with adjacent structures, the immediate neighborhood setting, or a broader vicinity as the board feels is necessary to determine if the exception is warranted; or, 2. Be clearly necessary for reasons of fairness related to unusual site-specific constraints. STAFF POSITION: Based on the above review criteria, staff finds the request not in compliance with criteria #1 or criteria #2 (See Staff Findings in Exhibit A for a full explanation of compliance with the above criteria). STAFF SUMMARY AND RECOMMENDATION: Staff recommends denial of the Variance to the Residential Design Standards requiring the front fayade of a garage to be setback at least 10' further from the street than the front- most wall of the house at 1300 Mountain View Drive, Lot 7, Block I, Meadow Subdivision. RECOMMENDED MOTION (ALL MOTI<WS ARE WORDED IN THE AFFIRMATIVE): "I move to approve Resolution No. lb., Series of 2004, for a Variance to the Residential Design Standards requiring the front fayade of a garage to be setback at least 10' further from the street than the front-most wall of the house at 1300 Mountain View Drive, Lot 7, Block I, Meadow Subdivision." ATTACHMENTS: Exhibit A: Residential Design Standards - Staff Findings Exhibit B: Application with Building Elevations and Site Plan 1300 MOUNTAIN VIEW DRIVE STAFF REPORT PAGE 3 RESOLUTION NO. ill, (SERIES OF 2004) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING A VARIANCE TO THE RESIDENTIAL DESIGN STANDARD REQUIRING THAT THE FRONT F AC;:ADE OF A GARAGE BE SETBACK AT LEAST 10' FURTHER FROM THE STREET THAN THE FRONT-MOST WALL OF THE HOUSE FOR THE RESIDENCE LOCATED AT 1300 MOUNTAIN VIEW DRIVE, LOT 7, BLOCK 1, MEADOW SUBDIVISION, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2735-0130-8004 WHEREAS, the Community Development Department received an application from the applicant, John Emerick, requesting a Variance to the Residential Design Standard requiring that the front fayade of a garage be setback at least 10' further from the street than the front-most wall of the house; and, WHEREAS, upon review of the application and the applicable Land Use Code standards in Section 26.410.040 of the Aspen Municipal Code, the Community Development Department recommended approval of the Variance to the Residential Design Standard requiring that the front fayade of a garage be setback at least 10' further from the street than the front-most wall of the house and is in compliance with Criteria 1 or 2 of Section 26.410.020 of the Aspen Municipal Code; and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards; and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare; and, WHEREAS, the City of Aspen Planning and Zoning Commission, at a public meeting on June 1,2004, approved Resolution No. _' Series of 2004, by a vote of_ to _ L - _), to approve the Variance to the Residential Design Standards requiring that the front fayade of a garage be setback at least 10' further from the street than the front-most wall of the house; and, NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO ON THE 1st DAY OF JUNE 2004, THAT: Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, Lot 7, Block 1, Meadow Subdivision, Parcel Identification of2735-0130-8004, is approved 1300 MOUNTAIN VIEW DRIVE STAFF REpORT PAGE 4 for a Variance to the Residential Design Standard requiring that the front fayade of a garage be setback at least 10' further from the street than the front-most wall of the house. Section 2: All material representations and commitments made by the applicant pursuant to this application, whether in public hearings or documentation presented before the Planning and Zoning Commission are hereby incorporated in such plan approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: This Resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Approved by the Commission at its regular meeting on June 1,2004. APPROVED AS TO FORM: PLANNING COMMISSION: AND ZONING City Attorney Jasmine Tygre, Chair ATTEST: Jackie Lothian, Deputy City Clerk 1300 MOUNTAIN VIEW DRIVE STAFF REPORT PAGE 5 EXHIBIT A RESIDENTIAL DESIGN STANDARDS 26.410.020 Purpose. Variances from the Residential Design Standards, Section 26.410.040, may be granted by the Planning and Zoning Commission, the Board of Adjustment or the Historic Preservation Commission, if the project is subject to the requirements of Section 26.415. An applicant who desires to consolidate other requisite land use reviews by the Historic Preservation Commission, the Board of Adjustment or the Planning and Zoning Commission may elect to have the variance application decided by the board or commission reviewing the other land use application. An applicant who desires a variance from the Residential Design Standards shall demonstrate, and the deciding board shall find that the variance, if granted, would (Note: compliance with only one of the two criteria below is required): (1) Provide an appropriate design or pattern of development considering the context in which the development is proposed and the purpose of the particular standard. In evaluating the context as it is used in the criteria, the reviewing board may consider the relationship of the proposed development with adjacent structures, the immediate neighborhood setting, or a broader vicinity as the board feels is necessary to determine if the exception is warranted; or, STAFF FINDING: DOES IT COMPLY? No While staff finds that the exception would provide an appropriate "design or pattern of development" considering the context of its neighborhood, we don't feel that it is warranted considering "the purpose of the particular standard". The predominate context of the Cemetery Lane neighborhood is of one-story, ranch style, single-family homes constructed in the 1960' s and 1970's. Interspersed are a smattering of newer homes demonstrating a variety of architectural styles constructed on the sites where the original ranch style house was "scraped-off'. Because of a lack of alleyways in the area, most of the houses have garages accessed from the street with the garages typically located either flush with the front fayade or five to ten feet in front. The immediate context of homes located along Mountain View Drive demonstrates the same characteristics. However, staff believes that, even though there is this existing pattern of development, it is in opposition to the purpose of the garage standard, which is to minimize the presence of garages as a "lifeless part of the streetscape." Because the garage could technically be constructed on the subject site to comply with the standard (or at least come into closer compliance with the standard) and because the above criteria requires consideration of the "purpose of the particular standard" in addition to whether the variance provides "an appropriate design or pattern of development considerin the context in which the develo ment is ro osed," staff cannot recommend a roval. (2) Be clearly necessary for reasons of fairness related to unusual site-specific constraints. 1300 MOUNTAIN VIEW DRIVE STAFF REpORT PAGE 6 STAFF FINDING: DOES IT COMPLY? No Staff does not find any unusual site-specific constraints that would prevent the applicant from complying with the requirement to have the garage setback at least ten feet from the front fa<;ade. The photo below shows that the garage could be located next to the existing house, althou h fill and a ossible retaining wall would be necessary to accommodate it. 1300 MOUNTAIN VIEW DRIVE STAFF REPORT PAGE 7 "...... ~ - .....[1"\ ,~~; ;,; C t; ~ V t:. ~J l1 \i1I:g' :..~ ,. "< MAY 1 7 2004 A;il'tN 8UILDING OB'ARTMENT PUBLIC NOTICE RE: 1300 MOUNTAIN VIEW DRIVE NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, May 18, 2004 at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by John C. Emerick requesting a Variance to the Residential Design Standards requiring the front fayade of a garage to be setback at least 10' further from the street than the front-most wall of the house. The subject property is located at 1300 Mountain View Drive. For further information, contact Scott Woodford at the City of Aspen Community Development Department. 130 S. Galena St., Aspen, CO (970) 920-5102, (or by email atscottw@ci.aspen.co.us). s/Jasmine TVl!:re. Chair Aspen Planning and Zoning Commission Published in the Aspen Times on May 1, 2004 City of Aspen Account 5" lIef /00/ ~ toCP~lof~LnQ 65 ,-on ~.€- ~AJtLA__~ Q ___ ~ '-A' ~- -6 _ 12-1" _10 V "10... /4...11 ~ ~t!J'..~~ 110 ~ r - 7tk9" ~a. - ~ ~ ~ l:Ioa '..- ..1, . t/'- -<~ QvB6 -k005: (]~/( ~~ J ~O\M tV ~e{C-\ cCc.- qz.-s- 42E J ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: ! 3((;. tfJ~LiV\fc 11<\ SCHEDULED PUBLIC HEARING DATE:S J If; I(:t/ / / { i ( . / i e ~\(spen, CO ,200_ STATE OF COLORADO ) ) ss. County of Pitkin ) --r L 1/ I, ...... \ C{ l L ( if C:;, / I \..1 C i ! (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: ~ Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at 1eastftfteen (15) days prior to the public hearing. A copy of the publication is attacHed hereto. \ > _ Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inlih in height. Said notice was posted at least fift.eeq (15) days prior to the public hearing and was continuously visible from the L day of ,200_, to and including the date and time o~the public hearing. A photo graph of the posted notice (sign) is attached hereto. _ Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi-governmental agency that owns property within three hundred (300) feet ofthe property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) "" .....'''''' Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. The~"Affidavit of Notice" was acknowledged bete ~1- day of , 200.!i, by :::::s; -.So Ol . PUBUC RE: 1300 MOUNTAIN VIE NOTICE IS HEREBy that a public hearing will be held on TUesday, ay 18, 2004 at a meet- ing to begin at.4:30 p.m. ore the Aspen Plan- ~:ng and Zoning CommissIOn. Sister ClUes Room, ty Hall, 130 S. Galena St, Aspen,to consider an application submitted by John C.Emerlck re- questing_ a Variance to .the Residential Des) Standvds ~ujl1ng the' front f~ac::le of a gar gn to.~settMck:at least 10~ f9rthertrom the sU:: . than.the front~ost waUoltIJe house.. The sub-" ~ ptoperty Ie: lQcated ~t 1300 cMountain View For Iu~ Informatloa~. _ _ t Scott WOod;ord at the City: 01 Aspen Com _ _ _ _ _ _ f)eveJOpment De-l -. '. . t, 130 S. Galena SL, '. CO (970) 920- 5102. (orbYeinall al:sc:. _ .Pl;ln.CO.US). 5 1'ygre,Chalr! Aepeo Planning 8lJ - b:Ig Commls8lon ! Publlilhed lA llae Aspen TImes on May 1 2004 (1462), . . WITNESS MY HAND AND OFFICIAL SEAL My commission expires: '1/.;;Li3/ c-s=:r Notary Public ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL ..."'........ ~ " ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: /?;,cJO Ht1iAtJTrt,ftv \ },1JiL< 7 IJk.t.VE SCHEDULED PUBLIC HEARING DATE: J1tW l~ , Aspen, CO , 20fY::L STATE OF COLORADO ) ) ss. County of Pitkin ) I, ~OJ.{ tJ fL. ~c;el de (name, please print) being orrepresenting an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspel~ Land Use Code in the following manner: _ Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. L Posting of notice: By posting of notice, which form was obtained from the Commwnty Development Department, which was made of suitable, waterproof materials, winch was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less tllan one inch in height. Said notice was posted at least fifteen .,f.P) days ~r to the public hearing and was continuously visible from the E day of ..tV ,200?::L, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. 1- Mailing of notice. By the mailing of a notice obtained from the Corru11w1ity Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or otl1er governmental or quasi-governmental agency that owns property witllin three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of tl1e public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) , Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be anlended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and tile notice to and listing of nanles and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during I . es urs for fifteen (15) days prior to the public hearing on such ame rL The foregoing "Affidavit of Notice" wa acknowledged before me thisJj2 day of (J'l~ . 200ti, by ....--'S',...,hn L._ L~)h WITNESS MY HAND AND OFFICIAL SEAL A TT ACHMENTS: COpy OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL ALLEN RONALD & CARROL A PO BOX 1970 LAKE OSWEGO, OR 97035 BEKKEDAHL KENNETH A 1278 SNOWBUNNY LN ASPEN, CO 81611 DEBOER LYNN & SKYLER 1325 MOUNTAIN VIEW DR ASPEN, CO 81611-1029 ELKINS JOHN R 300 PUPPY SMITH ST 203 PMB#302 ASPEN, CO 81611 ERSOFF BRETT I REV TRST 5 MAGNOLIA DR PURCHASE, NY 10577 FREY FAM PTRSHP L TO 75% 424 S SPRING ST ASPEN, CO 81611 L1CHTENW ALTER DA YLENE G & GARY R 1265 RED BUTTE DR ASPEN, CO 81611 MELVILLE RALPH P & MARIAN H MELVILLE GRAIG W & TERESA M LEE- 1286 SNOWBUNNY LN ASPEN, CO 81611 OBRIEN MERLE JABLlN & THOMAS R 745 CEMETERY LN ASPEN, CO 81611 RED BUTTE 1235 LLC PO BOX 296 WOODY CREEK, CO 81656 "' . BEALS ROBERT 606 SPRING ST MACON, GA 31201 CARTER THOMAS L JR & EUGENIA G 2221 RIVER OAKS BLVD HOUSTON, TX 77019 DESENBERG KAREN L 1355 MOUNTAIN VIEW DR ASPEN, CO 81611 EMERICK JOHN C 1300 MOUNTAIN VIEW DR ASPEN, CO 81611-1030 FERRY WILLIAM J JR PO BOX 1298 ST JOHN, VI 00831 FYRWALD ERNST R REV TRST 50% 1265 MOUNTAIN VIEW DR ASPEN, CO 81611 LIZOTTE JEFFREY W & DIANA I 1345 SAGE CT ASPEN, CO 81611 MESSIAH EVANGELICAL LUTHERAN CHURCH 1235 MTN VIEW DR ASPEN, CO 81611 PITKIN EXCHANGE HOLDINGS OF ASPEN LLC 601 E HOPKINS 3RD FL ASPEN, CO 81611 RED BUTTE CEMETERY PO BOX 194 ASPEN. CO 81611 BECK PAUL & GLENN IS FAMILY LP 2928 SNOW MASS CREEK RD SNOWMASS, CO 81654 CHRISTENSEN ROBERT M & CANDICE L 1240 MOUNTAIN VIEW DR ASPEN, CO 81611 DRAPER SHEILA S PO BOX 1298 ST JOHN, VI 00831 ERDMAN CINDA W & DONNELLEY POBOX 12387 ASPEN, CO 81612 FITZPATRICK JAMES & ELVA E 1285 MTN VIEW DR ASPEN, CO 81611 KEAN-HINES KAREN 500 CR 102 CARBONDALE, CO 81623 MAPLE MICHAEL C & JULIE 1250 MTN VIEW DR ASPEN, CO 81611 OAKES JOHN M & BETTY 0 1245 MTN VIEW DR ASPEN, CO 81611 PORTER JOE ALLEN & MARGARET A 1270 SNOWBUNNY LN ASPEN, CO 81611 REESE JOHN W & BEVERLY 1340 SNOW BUNNY LN ASPEN, CO 81611 RENO AUGUST & KIMBERLY 1340 MOUNTAIN VIEW DR ASPEN, CO 81611 SHAW RICHARD W & SARAH C 1220 MOUNTAIN VIEW DR ASPEN,CO 81611 STAPLETON SIGRID J 1350 MOUNTAIN VIEW DR ASPEN, CO 81611 ZIMET MILLARD & SUSAN 1315 MTN VIEW DR ASPEN, CO 81611 ZORDEL HELEN P PO BOX 615 ASPEN, CO 81612 ATTACHMENT 2 -LAND USE APPLICATION APPLICANT: Parcel ill # (RE ,::;Ubj,b~' \ -' Name: Location: REPRESENTATIVE: Address: Phone #: Name: PROJECT: Address: "JOHN ') Phone #: ') S- - TYPE OF ApPLICA nON: (please check all that apply): II&- Name: 0 Conditional Use 0 Conceptual PUD 0 Conceptual Historic Devt. ~ Special Review 0 final PUD (& PUD Amendment) 0 Final Historic Development Design Review Appeal 0 Conceptual SPA 0 Minor Historic Devt. 0 GMQS Allotment 0 Final SPA (& SPA Amendment)- 0 Historic Demolition 0 GMQS Exemption 0 Subdivision 0 Historic Designation 0 ESA - 8040 Greenline, Stream 0 Subdivision Exemption (includes 0 Small Lodge Conversion! Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane 0 Lol Split 0 Temporary Use 0 Other. 0 LoI Line Adjustment 0 TextlMap Amendment le(/ G K, CALk Have y u attached the following? o Pre-Application Conference Summary Ii2I Attachment #1, Signed Fee Agreement [&I Response to Attachment #3, Dimensional Requirements Form . ~ Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards All plans that are larger than 8.5" X 11" must be folded and a floppy disk with an electronic copy of all written . text (Microsoft Word Format) must be submitted as part of the application. ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: J)e<;{C~ ~t'OtU A:f~tli I I'?::.OO ~~7.v lJ,et() -DR- ' Applicant: ~u, (l, -!f;t:f2.l(k- Lo~ation: ( J1 f) fAi Ilttv hfL,. ~P-M} ?>L& If Zone Dlsu:ct: ~ P-'f. K.. -15"' Lot Size: 11".:ztfn S<{ Ft. Lot Area: ~ ~e (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the defInition of Lot Area in the Municipal Code.) Commercial net leasable: Existing:#Proposed: Number of residential units: Existing: / Proposed: I Number of bedrooms: Existing: 3 Proposed: Z-- Proposed % of demolition (Historic properties only): A(1t- DIMENSIONS: Floor Area: Principal bldg. height: Access. bldg. height: On-Site parking: % Site coverage: % Open Space: Front Setback: Rear Setback: /~() (', oz... ' J'..L 2- Existing: i:!J}!} trAllowable: '1SflD -ftproposed: 2..'102- ,T .. '1 /' II _ / / II EXlStzng: / q Allowable: ;25 . Proposed: -2-'2- /" Existing:~ Allowable: Proposed: Existing: / '3CIO~quired: Proposed: / /. S"D ff 2- , Existing: Required: Proposed: Existing: Required: Proposed: , / t- / ,.!)/, t) Required: 2.5 M IN .' Proposed:~ / / . .,. 77-, '7 Required: Z. ') J1fN. Proposed: 72; 7 Required: Proposed: ~J I 2-2.S Required: tb pi IN Proposed: 20,1 ( . z&, '2-- Required: 6 tfI;A.) Proposed: 2& ,2- Required: Proposed: Existing: Existing: Combined FIR: Existing: Side Setback: Side Setback: Existing: Existing: Combined Sides: Existing: Existing non-conformities or encroachments: .N OI,JE TO: Community Development Department, City of Aspen Re: Design Review Appeal, 1300 Mountain View Drive This application seeks a variance from the City of Aspen Land Use Code, Section 26- 410, relating to requirements for attached garages in single family residences. I am presently renovating my residence and have an existing building permit to add a second story addition (Permit No. 1185.2003.asr3). I would like to modify my renovation plans to extend the front of my garage beyond the front of the house. I don't believe that a side- entry garage is feasible, given the placement of the house on the lot. The garage would remain a single car garage, with the proposed extension limited to a single-story height. The front of the garage (not including a 2-foot roof overhang) would extend approximately 11 feet beyond the front of the house, as shown in the accompanying drawings, and will increase the square footage of the house by approximately 140 square feet. I believe the variance should be allowed for the following reasons: 1. The scale of the house, even after the renovation, is relatively small, and there will be over 2000 square feet of available FAR remaining after renovation. 2. The garage extension represents a relatively small increase the footprint of the house. 3. The existing setback of the house is about 51.9 feet, and even with the garage extension will still be about 43.5 feet, and the side setback will be approximately 21 feet. 4. Given the low roof pitch (3:12), the front profile of the garage is modest and consistent with most of the other houses in the neighborhood, and given the generous setback, the overall extension would be visually unobtrusive. 5. Several other houses in the neighborhood, including two within close proximity, possess garages that extend a significant distance beyond the front of the house (see accompanying photographs). ohn C. Emerick Owner-Builder 1300 Mountain View Drive Aspen, CO 81611 Aspen Street Map 2 St8Q8Rd k".,....,-" ~J..ocation of 1300 Mountain View Dr. - \ ... ",nie 'm -- - - '" /~# ....:;.0., ;;-~. II MAP KEY MJa.llfl'W -, - If ,. .,f .~i ~r J! 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Tree in back yard, Emerick House, 1300 Mountain View , ~ ... Tree in back yard, Emerick House, 1300 Mountain View , ~ ... Tree in back yard, Emerick House, 1300 Mountain View , i ... Tree in back yard, Emerick House, 1300 Mountain View The Aspen Planning & Zoning Commission <.JAA Joyce Allgaier, Deputy Director of Community Development Scott Woodford, City Planne?~ . MEMORANDUM TO: THRU: FROM: ,,,..\ :\ '-!,"\fl W(d: Q PI?:- G (I RE: 1300 MOUNTAIN VIEW DRIVE, VARIANCE TO RESIDENTIAL DESIGN STANDARDS, RESOLUTION No. _' SERIES 2004 DATE: June 1, 2004 Photo of the subject property taken from Mountain View Drive. The applicant requests a variance to construct a one car garage (in addition 10 a second story addition for which he doesn't need a variance) in front of house, to the left of Ihe front door. PROJECT: 1300 MOUNTAIN VIEW DRIVE REQUEST SUMMARY: Variance to the Residential Design Standard that requires the front fayade of a garage to be setback at least 10' further from the street than the front-most wall ofthe house for garages that do not have access from an alley or private road. ADDRESS: 1300 Mountain View Drive, Lot 7, Block 1, Meadow Subdivision ApPLICANT: John C. Emerick STAFF DENIAL OF THE VARIANCE TO THE RESIDENTIAL DESIGN RECOMMENDATION: STANDARDS 1300 MOUNTAIN VIEW DRIVE STAFF REpORT PAGE 1 REQUEST SUMMARY: The applicant, John Emerick, has submitted an application requesting a variance from the Residential Design Standards for an addition he is planning to his existing house. The current house is a one story, 1,700 square feet ranch style residence, which he proposes to expand to 2,400 sq. ft.. Mr. Emerick has an approved building permit for the renovation, which includes the addition of a second story and a one car garage extending out from the front of the house, for which he is requesting a variance. REVIEW PROCESS: The applicant requests the following land use approval for the proposal described above: 1.) Residential Design Standards Variance; According to Section 26.410.020, variances to the Residential Design Standards may be granted by the Planning and Zoning Commission, Board of Adjustment or the Historic Preservation Commission; In this case, the staff believes that the Planning and Zoning Commission is best suited to review the variance requests of this nature. Final Review Authoritv: Planning and Zoning Commission. BACKGROUNDIEXISTING CONDITIONS: According to the building permit files, the house was constructed in 1959. PREVIOUS ACTIONS ON THIS LOT: There has been no previous land use actions on this lot. STAFF COMMENTS: RESIDENTIAL DESIGN STANDARDS: The Residential Design Standard from which the applicant is requesting a variance is from Section 2.410.040 (2) (b), specifically described below: PARKING, GARAGES, AND CARPORTS. For all residential uses that do not have access from an alley or private road, the following standards shall be met (only the applicable standards is shown below - standards a. and c-e not shown): b. The front fayade of the garage or the front most supporting column of a car- port shall be setback at least ten feet (10' 0") further from the street than the front most wall of the house. I T-! ;"y..d I +. I I I .j<--x-+-;"x.,'.y 1300 MOUNTAIN VIEW DRNE STAFF REpORT PAGE 2 REVIEW CRITERIA: According to Section 26.410.020 of the Land Use Code, an applicant who desires a variance from the Residential Design Standards shall demonstrate, and the deciding board shall find that the variance, if granted, would: 1. Provide an appropriate design or pattern of development considering the context in which the development is proposed and the purpose of the particular standard. In evaluating the context as it is used in the criteria, the reviewing board may consider the relationship of the proposed development with adjacent structures, the immediate neighborhood setting, or a broader vicinity as the board feels is necessary to determine if the exception is warranted; or, 2. Be clearly necessary for reasons of fairness related to unusual site-specific constraints. STAFF POSITION: Based on the above review criteria, staff finds the request not in compliance with criteria #1 or criteria #2 (See Staff Findings in Exhibit A for a full explanation of compliance with the above criteria). STAFF SUMMARY AND RECOMMENDATION: Staff recommends denial of the Variance to the Residential Design Standards requiring the front fayade of a garage to be setback at least 10' further from the street than the front- most wall of the house at 1300 Mountain View Drive, Lot 7, Block 1, Meadow Subdivision. RECOMMENDED MOTION (ALL MOTIONS ARE WORDED IN THE AFFIRMATIVE): "I move to approve Resolution No. _, Series of 2004, for a Variance to the Residential Design Standards requiring the front fayade of a garage to be setback at least 10' further from the street than the front-most wall of the house at 1300 Mountain View Drive, Lot 7, Block 1, Meadow Subdivision." ATTACHMENTS: Exhibit A: Residential Design Standards - Staff Findings Exhibit B: Application with Building Elevations and Site Plan 1300 MOUNT AlN VIEW DRIVE STAFF REPORT PAGE 3 RESOLUTION NO._, (SERIES OF 2004) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING A VARIANCE TO THE RESIDENTIAL DESIGN STANDARD REQUIRING THAT THE FRONT FA<::ADE OF A GARAGE BE SETBACK AT LEAST 10' FURTHER FROM THE STREET THAN THE FRONT-MOST WALL OF THE HOUSE FOR THE RESIDENCE LOCATED AT 1300 MOUNTAIN VIEW DRIVE, LOT 7, BLOCK 1, MEADOW SUBDIVISION, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2735-0130-8004 WHEREAS, the Community Development Department received an application from the applicant, John Emerick, requesting a Variance to the Residential Design Standard requiring that the front fayade of a garage be setback at least 10' further from the street than the front-most wall of the house; and, WHEREAS, upon review of the application and the applicable Land Use Code standards in Section 26.410.040 of the Aspen Municipal Code, the Community Development Department recommended approval of the Variance to the Residential Design Standard requiring that the front fayade of a garage be setback at least 10' further from the street than the front-most wall of the house and is in compliance with Criteria I or 2 of Section 26.410.020 of the Aspen Municipal Code; and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards; and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare; and, WHEREAS, the City of Aspen Planning and Zoning Commission, at a public meeting on June 1, 2004, approved Resolution No. _' Series of 2004, by a vote of_ to _ L - ~, to approve the Variance to the Residential Design Standards requiring that the front fa9ade of a garage be setback at least 10' further from the street than the front-most wall of the house; and, NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO ON THE 1st DAY OF JUNE 2004, THAT: Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, Lot 7, Block 1, Meadow Subdivision, Parcel Identification of 2735-0130-S004, is approved 1300 MOUNTAIN VIEW DRIVE STAFF REpORT PAGE 4 for a Variance to the Residential Design Standard requiring that the front fayade of a garage be setback at least 10' further from the street than the front-most wall of the house. Section 2: All material representations and commitments made by the applicant pursuant to this application, whether in public hearings or documentation presented before the Planning and Zoning Commission are hereby incorporated in such plan approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: This Resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section~ subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the . validity of the remaining portions thereof. Approved by the Commission at its regular meeting on June 1,2004. APPROVED AS TO FORM: PLANNING COMMISSION: AND ZONING City Attorney Jasmine Tygre, Chair ATTEST: Jackie Lothian, Deputy City Clerk 1300 MOUNTAIN VIEW ORlVE STAFF REpORT PAGE 5 EXHIBIT A RESIDENTIAL DESIGN STANDARDS 26.410.020 Purpose. Variances from the Residential Design Standards, Section 26.410.040, may be granted by the Planning and Zoning Commission, the Board of Adjustment or the Historic Preservation Commission, if the project is subject to the requirements of Section 26.415. An applicant who desires 10 consolidate other requisite land use reviews by the Historic Preservation Commission, the Board of Adjustment or the Planning and Zoning Commission may elect to have the variance application decided by the board or commission reviewing the other land use application. An applicant who desires a variance from the Residential Design Standards shall demonstrate, and the deciding board shall find that the variance, if granted, would (Note: compliance with only one of the two criteria below is required): (1) Provide an appropriate design or pattern of development considering the context in which the development is proposed and the purpose of the particular standard. In evaluating the context as it is used in the criteria, the reviewing board may consider the relationship of the proposed development with adjacent structures, the immediate neighborhood setting, or a broader vicinity as the board feels is necessary to determine if the exception is warranted; or, STAFF FINDING: DOES IT COMPLY? No While staff fmds that the exception would provide an appropriate "design or pattern of development" considering the context of its neighborhood, we don't feel that it is warranted considering "the purpose of the particular standard". The predominate context of the Cemetery Lane neighborhood is of one-story, ranch style, single-family homes constructed in the 1960's and 1970's. Interspersed are a smattering of newer homes demonstrating a variety of architectural styles constructed on the sites where the original ranch style house was "scraped-off'. Because of a lack of alleyways in the area, most of the houses have garages accessed from the street with the garages typically located either flush with the front fayade or five to ten feet in front. The immediate context of homes located along Mountain View Drive demonstrates the same characteristics. However, staff believes that, even though there is this existing pattern of development, it is in opposition to the purpose of the garage standard, which is to minimize the presence of garages as a "lifeless part of the streetscape." Because the garage could technically be constructed on the subject site to comply with the standard (or at least come into closer compliance with the standard) and because the above criteria requires consideration of the "purpose of the particular standard" in addition to whether the variance provides "an appropriate design or pattern of development considerin the context in which the develo ment is ro osed," staff cannot recommend a roval. (2) Be clearly necessary for reasons of fairness related to unusual site-specific constraints. 1300 MOUNTAIN VIEW DRIVE STAFF REPORT PAGE 6 STAFF FINDING: DOES IT COMPLY? No Staff does not find any unusual site-specific constraints that would prevent the applicant from complying with the requirement to have the garage setback at least ten feet from the front fal(ade. 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'" n ,,0. m~g~ ~~ &\g 0.0 5' o c a. cB' ~ ! '" -c ~ g ........... ,,0. a~ ;?~ &\0. o.=> o Tl ;v o ~ ~ . ~ a; ~ " ~ '" 95 ~g, 5" g, ............... ~~ -~ ~g o ~ if ; : 05 ~g, .. ,,0. ............... ~~ ... -~ ~g o I I ~ I ~ . oil. I' H \~ ~~ II j~ I I ~~. \. I ~ I.' i5 . . .... .............. .., ...... .J......... ..... ..' ....... ..... r/'.. \ '. ~ ' -..-..-.. ..-..-..-..-..-..-..-..-..-..-..-..-..-..-..-..-..-..-..-..-..-..-..-..- .....\.......:::==.=:~..................................................... I ~ o()c 9i U) .. J ~ is::l .... ~ ~ Y'!i (.>> g It... l:8 .. -. ::J aoO '03: co^, ...:r ::I. ::l ~ 0 (') m G)O @ ~ _ c oa- 00 I... ~ ~ it 0-. c..... ~ ~9i ~s co2 ~ . ColI CD Q ~t !:~ - , ~;:, -.-.-.- CD ... ....~ o()':' ~ ColI!' Q. ...- 0- it CD ~ L =' - ,.... #'''' c C/ I.c, ;J CC''-f. Af u..{ ."", ""." CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT A!!reement for Payment of City of Aspen Development Apolication Fees CITY OF ASPEN (hereinafter CITY) and ,J,I-/N (1, ~~J;k. (hereinafter APPLICANT) AGREE AS FOLLOWS: /oJ (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree lhat because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a montWy basis.' APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional paymenls upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be bene filed through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to Ihe Planning Commission and/or City Council 10 enable the Planning Commission and/or City Council to make leg~lly required [mdings for project consideration, unless currenl billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of applicatiOt; completeness, APPLICANT shall pay an inilial deposit in the amount of $ '3>' () which is for _ hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reiniburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $205.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will bu' ding permits be issued until all costs associated with case processing have been paid. Julie Ann Woods Community Development Director ( ~II'/O'l CITY OF ASPEN By: g: \support\forms\agrpayas.doc 6/05/03 Hling Address and Telephone NUmbt: ReQuired J~' " 13 Of) J.I~1IJt filA) lAW. AsreAl, fo ~tbtl 925-'12/31 RETAIN FOR PERMANENT RECORD ,..... '-' .......... ........ CERTIFICATE OF OWNERSHIP Pitkin County Title, Inc., a duly licensed Title Insurance Agent in the State of Colorado hereby certifies that JOHN C. EMERICK is the owner's in fee simple of the following described property: LOT 7, BLOCK 1, WEST MEADOW SUBDIVISION, according to the Plat thereof recorded in Ditch Book 2A at Page 245. ADDRESS ACCORDING TO THE PITKIN COUNTY ASSESSORS OFFICE: 1300 MOUNTAIN VEIW DRIVE, ASPEN, CO 81611 ENCUMBRANCES: Deed of Trust from : John C. Emerick To the Public Trustee of the County of Pitkin For the use of : Banker's Mortgage Corporation To secure : $275,000.00 Dated : March 12, 2003 Recorded : March 13, 2003 Reception No. : 480150 Subject to easements, rights of way and recorded matters. This certificate is not to be construed to be a guarantee of title and is furnished for informational purposes only. PI au orized signature CERTIFIED TO: February 19,2004@ 8:00 A.M. RlTAIN FOR PERMANENT RECORD 10/65/1999 13:45 9~'2e-4652 Return to: Conn~e Lynne Aspen MOuntain Mortgage 215 S MOnarch. Suite G-I02 Aspen CO 81611 r"', ASPEN TITLE~P. PAGE 82 // o Qurr ClAIM DEED TlUS DEED, Mode 11>10 J.3th dtry of October between -1'". SHELLEY W. EMERICK, of !he CouDty ot Bon 1 n_r aad SUite of Color.:=lOn ORANTOR(S), and JOHN C. EMERICK . WJtoIlC Adck." .. 31M Rrdstoaea..d, Boulder CO M303 of the County of ~otiIde-r IUld State of ColoradQ ORANTBS(S): WTl'N'ESS. dial the grator(.). for and in COJIsidetatloa. of .. sum of TEN aDd NOn.. ---$1.... -- DOUARS,lUId odicI' FJOd ad v"uable co,ullldcratlon, Ute rcc:efpt and IhdficlellC7 of which is hereby KknowJedgcd. Us r......d,. rdeuecl. 1'01d...d QvrI'CLAlMED...,d by theN praentl 4oe;s If.IQbe Ide.lIe. aeD and Q\JTI"CI...lUM _to die granwe(s), their ".in.:amI -.signS {otever. aU tbe real property. toaethef with wptOvemeaq, it _y, atuate. Jyhag and beidg in Ute County of Pitkin uteS $Ute of Comado. clcscn"bed .. (oUl;JWS: '-- r-..JJI- -...._ ... Lot 7, Block J. WBST MElADOW SUBDIVISION, .accotdlrt.g 10 die PJ.t lhenroCrecOI'ded bt Ditch Book 2A lit Page 24$. ~only bown u: 13M MOUDIai. Vie...... A.pe. CO 81611 TO HA VI!: AND TO HOLD tbe SiAIIM:. to....tJlet with alt cad .iRguJar die "J'PUI1ell.ol4On .-:ad priviJ&pII tlaereuato baOd~Qa 0.. ill u)"Wise 1hcmVDto appc~ ...s al the estate. "Ish'- dUe and 1n1:erdt ud claim wh.aWoe:ver, of lIle g:rantor(s). eithOl' ill Jaw or in equity, Co the: only ptoper 'OM. benefit ad behovf 01. the graJUCu. the. heirs 4IIld oslps fOTe-ler. '(lie -'nplu D.WDbe1: sbaU iAclude the pJu...t. the plural1hc. up... _d lbe ...ac of _y gender ehan be app1i~le '" 011 gcadolS. IN WITNESS WREREOP. dle gr..tor(s) baY. C'Xfl:lIted tJUs deed on.. da1e ..I tonIIlIbovo. ~~J::0~L-- S'-18 of (! Ou>t'! /100 &uLh~.R } }f } eo.mty of 'I'hi" fOleaoios blstrumlhla w.. acbIowJedacd. IllUbscdbod -.d swont co beforo me lids ~ / .t /..t.. day of . 1999 by SIIeUey W. Emerick. .............. . .~~....~:...~~~.;~.... ~~r-l... .,.....:~,. . .: :' "V' "Ir :. ... -0-0>---<._:,., c.,.\.'OUOL\C/ j <, ;~i:~::::~.~~~::'.<> .. J>-~-..l,;JO/ Wi....... my RODd ond Offlcial Seal '77/0/ ~ 11111111111111111111111111111111111111111I1111111111111 4373eS 11/84/1... II.SeA OCD DAVIS SILYI 1 0' 1 R s.ee De." N e." ~ITKIN COUNTY co RETAIN FOR PERMANENT _ l1TU! COI<POJlA1l0H. 600 BAST HOPKINS AVENUE nos, _ 00 "611"'-' PH 970-~O D....V1!l< --,,~ Q\IIla.-DMd - SIt ...-1 u 00 rt"" rr - \J c-:".- '" '- ......... ....." Return To: BANKER'S MORTGAGE CORPORATION P. O. BOX 2096. BRECKENRIDGE. CO 80424 IIIIIIIIIIIIIIIII~III~IIIII Mil III n~lllllll~ ~~~~:~ ,Z" SILVIA DRVIS PITKIN COUNTY CO " 78... D II." Prepared By' TARA OLSON (Sp8<< Above This Line For RecordiDf; Datal DEED OF TRUST DEFINITIONS Words used in multiple sections of this document ace defined below and other words are defined in Sections 3. 11. 13. 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document. which is dated. together with all Riders to this document. (B) "Borrower" is JOH,~ C. EMERICK March 12. 2003 Borrower is (he trustor under this Security Instrument. (C) "Leader" is BANKER'S MORTGAGE CORPORATION AND/OR ASSIGNS Lender is. COLORADO CORPO EMERICK 045-33 COLORADO-Single Family-F.nnle M cDL-8(CO) lOOOSJ "av-'ot111 MW0511JO 045-33 Mac UNIFORM INSTRUMENT D Form 3008 1/01 11111~r ~~I ~ IIIIII ~II VMr MOFITO~ FOAMS - 18001521, I I RETAIN FOR PERMANeNT RECORD '" ~ ,..." '-" 1IIIImnIIIIIIIIUI~III~IIII~ IIIIII~ 11111111 ~~~~~:! ~~, 23< SILYIR DAVIS PITKIN COUNTY CO R 78... D ...e organized and existing under the laws of COLORADO Lender'saddressis P. O. BOX 2096. BRECKENRIDGE. CO 80424 Lender is the beneficiary under this Security Instrument. (D) "Trustee" is the Public Trustee of PITKIN County, Colorado. eE) "Note" means the promissory note signed by Borrower and dated Ma rch 12. 2003 The Note states that Borrower owes Lender Two Hundred Seventy Fi ve Thousand and nail 00 Dollars (U.s. $ 275.000.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the deb, in full no' later lhan Apri 1 1. 2033 (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property. . (G) "Loan" means the debt evidenced by the Note. plus interest. any prepaymcm charges and late charges due under the Note. antl all sums due under this Security Iostnlment. plus interest. (II) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower (check box as applicable]: D Adjustable Rate Rider D BaUoon Rider o VA Rider B Condominium Rider D Second Home Rider Planned Unit Development Rider a 1-4 Family Rider Biweekly Payment Rider Other(s) [specify! (I) "AppUcable Law" means all controlling applicable federal. state and local statutes. regulations. ordinances and administrative rules and orders (Ihat have the effect of law) as well as all applicable :fmal. non-appealable judicial opinions. (J) "Commumty Association Dues. Fees, and Assessments" means all dues, fees. assessments and other charges that are imposed on Borrower or the Propeny by a condominium - association, homeowners association or similar organization. (K) lIElectroDlc Funds Transfer" means any Iransfer of funds, other than a uansaclion originated by check. draft. or similar paper instrument. which is initiated through an electronic terminal. telephonic instrument. computer. or magnetic tape so as to order. instruct, or authorize a financial institution to debit or credit an account. Such term includes. but is not limited to. point-of-sale lransfers. automated teller machine transactions, transfers initiated by telephone. wire transfers. and automated clearinghouse transfers. (L) "Escrow Items" means those itcms that are described in Section 3. (M) "Miscellaneous Proceeds" means any compensation. settlement. award of damages. or proceeds paid by any third party (other than insurance proceeds paid under the covcrages described in Section 5) for: (i) damage to. or destruction of. the Property: (ii) condenmation or other taking of all or any pan of the Propeny: (Hi) conveyance in lieu of condemnation: or (iv) misrepresentations of. or omissions as to. the value andlor condition of the Property. (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on. the Loan. (0) ItPeriodlc Paymentlt means the regularly scheduled amount due for (i) principal and interest under the Note. plus (ii) any amounts under Section 3 of this Security Instrument. (P) "RESPA" means the Real Estate Settlement Procedul"CS Act (12 V.S.C. implementing regulation. Regulation X (24 C.P.R. Part 3500), as they mi tion 2601 el: seq.) and its e amended from time to EMERICK 045-33 045-33 o Gl;srco} lOOO51 '"' P.ge2at'15 I Form 3006 1/01 .. i RETAIN FOR PERMANENT RECORD ,..... \\\1\ i\\\1\ \\1\\ \\\\\ ~JJ' \\ \1\' "\'j;~:~.~~ ,23' SILVIA D~lS PITKIN COUN ~ time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument. "RESPA If refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federalJy related mortgage loan" under RESPA. (Q) "Successor in Interest of Borrower" means any party lhat has taken title to the Property. whether or not that pany has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instnlment secures to Lender: (i) the repayment of the Loan, and all renewals. extensions and modifications of the Note; and (ii) the performance of Borrower"s covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower. in consideration of the debt and the trust herein created? irrevocably grants and conveys to Trustee. in trust. with power of sale, the following described propeny located in the COUNTY IType of Recordins Jurisdiction] of PITKIN [N.~ of RCCOnlinl Jurisdiction]: LOT 7. BLOCK 1. WEST MEADOW SUBDIVISION. ACCORDING TO THE PLAT THEREOF RECORDED IN DITCH BOOK 2A AT PAGE 245. COUNTY OF PITKIN. STATE OF COLORADO. Parcel ID Numbero 273501308004 1300 MOUNTAIN VIEW DRIVE ASPEN ("Property Address"), which currently has the address of (Street] [Ci<YI. Colorado 81611 [Zip Codel TOGETHER WITH all the improvements now or hereafter erected. on the property. and all casements. appurtenances. and fixtures now or hereafter a pan of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in lhis Security Instrument as the .. Property. .. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered. except for encumbrances of record. Borrower warrants and will defend genecally the title to the Property against all claims and demands. subject to any encumbrances of record and liens for taxes for the cunent year not yet due and payable. THIS SECURITY INSTRUMENT combines unifonn covenants for n covenants with limited variations by jurisdiction to constitute a uniform see property . EMERICK 045-33 045-33 o I use and non-uniform instrument covering real <D: -6(CO) 100061 .. "'-ga3of 18 Fonn 3006 1/01 ~ /,'-"~''';:/'.Mn. ~A!N F~~R,;.~hWr:l;;';:0'~ ~.!~:J~ r~~r. " - H'iiiC1!C I Slbfetmit< I ~- p.,cejs I eustomFjeI:Io I F"'! I P.....!OO16.2004ASLU ApV$.n I S....!C03 - -- Main PermitT,... Addr...!1300 MOUNTAIN \l!EW OR Clj> IASPEN McmerPennit Project D..crjptionjSIGN REVIEW Al'f'EAL Submitted ~OHN C EMERICK 925.4281 r Visible on the web? R~Queue I.... s._lpenclng Clock IRurning D.". ro PelmlID: I 3036S J.:l F..tN.... ~OHN C ~ SHELlEYW L.. N....IEMERICK Phone [i9701925-4281 ~. Owner IJApplicant? Awl""" last Name fEMEAICK Phone [19701925-4281 J.:l F.. N.... IJOHN C&SHELLEYW Cust U 124798 J.:l Enter lhe permt type code ,...,'" ....... P<4lic C<mnnn! Filii S......... ! 8clJons Zjp IBlG.l1 "<>Pled 103I1212OO4l..l Approved 1 l..l l=ed[ l..l Final E...... 10310712005 l..l 1300 MOUNTAIN VIEW DR PEN CD 81611 - -,I .sJ I\' ~ I8l on 137 Ii (!) " [!] Rocordlo11